Medical Negligence can be classified into following categories
Medical Negligence at the level of doctors, paramedical, hospital staff which may include-Medication errors, Improper diagnosis, Failure to diagnose, Failure to advise of diagnosis, Lack of informed consent , Abandonment, mistake during surgery, Medical instruments left inside the patient after surgery etc.
Negligence at the level of the patient himself (contributory negligence)
Negligence at the level of manufacturers of drugs, equipment and dispensers
Composite Negligence ( involving more than one of the above three levels)
There are two types of damages that are applicable in a medical malpractice case viz. actual damages and punitive damages.
Actual damages include the cost of additional treatment, loss of wages including future wages and pain suffering and agony resulting from medical negligence.
Punitive damages include the damages awarded when medical malpractice is the result of irresponsible or wilful behaviour on the part of the physician.
